Arbitrations. 13.01 When a difference between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, has been registered as an employee grievance or a policy grievance under the foregoing procedure and remains unsolved, it shall be considered as a grievance requiring settlement by arbitration.
13.02 Whenever either party to this Agreement desires to submit any grievances to Arbitration, written notice shall be given to either party within ten (10) days after the last step in the grievance procedure, formally stating the subject of the grievance and at the same time nominating an Arbitrator. Within seven (7) days after the receipt of such notice, the other party shall name an Arbitrator. The arbitrators representing the two parties shall, within forty-eight (48) hours, attempt to agree upon a Chairman of the Arbitration Board and failing such an agreement, the Minister of Labour for the Province of Ontario will be requested to name such a Chairman.
13.03 As soon as the Arbitration Board has been completed by the selection of a Chairman, it shall meet and hear the evidence and representation of both parties. It shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced.
13.04 Each of the parties hereto will bear the expenses of the Arbitrator appointed by them, and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board and other incidental expenses incurred directly by such an Arbitration.
13.05 No matter may be submitted to Arbitration which has not been properly processed through all previous steps of the grievance procedure.
13.06 The Arbitration Board shall not have authority to add to, alter, modify or amend this Agreement, nor shall it be authorized to make any decision inconsistent with the provisions of this Agreement.
13.07 In accordance with the Labour Relations Act, Statutes of Ontario, the decision of the Arbitration Board is final and binding upon the parties and upon any employee affected by it.
Arbitrations. 6.01 Should any grievance and/or disciplinary action not be amicably adjusted in accordance with the provisions of Section 4.0 or 5.0, it may be submitted to arbitration upon compliance with the following conditions:
(a) The party desiring arbitration shall give written notice thereof within fifteen (15) working days after the completion of the procedures set forth in Sections 4.0 or 5.05.
(b) Within ten (10) working days of the receipt of such written notice, the Labor Relations Manager or his/her designee and the Union Representative or his/her designee shall meet to select a neutral arbitrator from a mutually agreed upon list of Arbitrators.
(c) The three (3) arbitrators shall meet for the purpose of adjusting said grievance or discipline. The decision of a majority of the Arbitration Board submitted, in writing, to the District and the Union shall be final and binding upon all parties.
(d) Each party shall bear the expense of its own arbitrator. The expense of the third arbitrator, reporter and other incidental expenses shall be borne equally by the parties hereto.
(e) The Collective Bargaining Agreement shall serve as a submission agreement but arbitration shall be limited to issues specifically set forth in the written grievance or discipline which may remain unsettled after the procedures set forth in Section 4.0 or 5.0 have been exhausted and nothing in this Agreement shall be construed to empower any board of arbitration to change, modify or amend any provision of this Agreement.
(f) All arbitrators are requested to expedite their decision as the parties normally expect a decision to be issued within thirty (30) days after the conclusion of the hearing.
Arbitrations. Arbitration will be held in the United States and administered by AAA pursuant to its Commercial Arbitration Rules and Mediations Procedures in a location selected by the party initiating the arbitration. The parties acknowledge that the Agreement evidences a transaction involving interstate commerce. Notwithstanding any provisions herein with respect to applicable substantive law governing the Agreement, the agreement to arbitrate and any arbitration conducted pursuant thereto will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
Arbitrations. In cases not involving disciplinary action suspension or termination, the Arbitrator shall render a decision and shall within thirty (30) calendar days of the receipt of the Stenographer’s transcript, send his written award to each of the parties. Either party is free to submit post hearing briefs if they so desire. If either party elects to submit post hearing briefs, the party submitting must make it known during the arbitration hearing of their intent to do so. Either party electing to submit such briefs shall do so to the Arbitrator within fifteen (15) calendar days of the close of the hearing. Failure of either party to submit such briefs in the timeframe required or failure to notify the other party of their intent to submit briefs shall result in the brief being dismissed and not considered by the Arbitrator.
Arbitrations. (a) The parties agree to adopt a panel of arbitrators outlined in section (b). The parties may elect to reopen this section of the article to modify the list of arbitrators by mutual agreement.
(b) Arbitrators shall be assigned on a rotational basis in the order set out above. Within fifteen days of the receipt of the Union’s notice of intent to arbitrate a case, the Labor Relations Unit will send a letter notifying the arbitrator of his or her selection. The letter shall include a calendar of potential dates including the three month period beginning the second full month after receipt of the notice of intent to arbitrate. When the arbitrator originally selected is unable to schedule a hearing within the three (3) month period, the next arbitrator in rotation will be contacted for a list of available dates. In cases where the parties agree to consolidate cases, the arbitrator assigned to handle the first case will also be assigned to handle the other case(s).
(c) Arbitrators will use cancellation days and any unused scheduled days for writing awards on any outstanding cases under this agreement. Cancellation fees will be applied toward any writing days.
Arbitrations. If multiple claims are brought against any Indemnitee or the Company in an arbitration, with respect to at least one of which indemnification is permitted under applicable law and provided for under this agreement, the parties agree that any arbitration award shall be conclusively deemed to be based on claims as to which indemnification is permitted and provided for, except to the extent the arbitration award expressly states that the award, or any portion thereof, is based solely on a claim as to which indemnification is not available.
Arbitrations. List all arbitration demands filed by or against your firm in the last five (5) years, and identify the nature of the claim, the amount in dispute, the parties and the ultimate resolution of the proceeding. Check here if provided Check here if Not Applicable (N/A)
Arbitrations. Arbitrations under the Association’s rebate procedure concerning fair share fee objections shall be held outside regular school hours.
Arbitrations. (i) If not settled at Step 3, the grievance may be referred to arbitration pursuant to the Ontario Labour Relations Act within ten (10) days of the response from the Director of Human Resources or his/her designate. Under no circumstance will a grievance be referred to arbitration after ten (10) days have passed.
(ii) An arbitrator shall not make any finding or decision inconsistent with the provisions of this Agreement, nor shall he/she have the power to add to, alter or modify, amend or delete any part of this Agreement, nor deal with matters not covered by this Agreement.
(iii) Where a probationary employee has been terminated, the only issue that may be submitted to an arbitrator is whether the Region acted in a manner that was arbitrary, in bad faith or in violation of the Ontario Human Rights Code.
(iv) Any grievance not processed in accordance with the time limits contained in this Article shall be deemed to be withdrawn, unless the time limits are waived by mutual consent in writing.
Arbitrations. If any dispute about the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the grievance procedure outlined in Subsection the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute to arbitration shall notify the other party in writing of its desire and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient of the notice shall, within five (5) working days, inform the other party of the name of its nominee to the arbitration board. The two nominees so selected shall, within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint a nominee, or if the nominees fail to agree upon a Chairman, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The arbitration board, when selected or appointed, will proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties and upon their respective members. The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the Chairman governs. The arbitration board shall have no power to add to or subtract from or modify any of the terms of this Agreement. The arbitration board shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other for the discharge or discipline as to the arbitration board seemsjust and reasonable in all circumstances. The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of th...
